Quote from Lawyer on August 28, 2025, 9:00 am

Civil society organizations have launched a legal challenge to stop President William Ruto’s controversial Sh1.2 billion church construction project within the State House compound in Nairobi. The petition, filed on August 26, 2025, at the High Court, argues that the project violates Kenya’s Constitution, particularly its provisions on the separation of church and state, and seeks an urgent conservatory order to suspend construction pending a full hearing.

The lawsuit, spearheaded by groups including the Katiba Institute, the Kenya Human Rights Commission, the Law Society of Kenya, and Transparency International Kenya, contends that the construction of an 8,000-seater mega-church at State House undermines Article 8 of the Constitution, which explicitly states that Kenya shall have no state religion. The petitioners argue that the project, which has already sparked widespread public criticism, risks promoting Christianity over other faiths, thereby threatening religious neutrality and equality as enshrined in the Constitution.

The planned church, described as a lavish facility featuring large stained-glass windows and prominent crosses, is intended to host national prayer events, interfaith ceremonies, and diplomatic gatherings. However, critics, including the petitioners, assert that its location on public land within State House, the official residence of the Head of State and a symbol of national unity, sends a message of religious favoritism. They argue that this move could exacerbate religious tensions in Kenya’s diverse society, where Christians, Muslims, Hindus, traditionalists, and others coexist.

The petition further highlights the lack of transparency and public participation in the project’s planning and approval process. The civil society groups claim that no evidence has been provided to show that the land designated for the church was allocated in accordance with Article 62 of the Constitution and Section 12 of the Land Act, 2012, which govern the use of public land. They argue that the absence of public consultation and parliamentary approval constitutes a breach of constitutional principles of transparency, accountability, and public participation.

President Ruto has defended the project, insisting that it is funded by his personal resources, not taxpayer money. Speaking at State House on July 4, 2025, he dismissed criticism as misguided and influenced by those opposed to faith, stating, “I am someone who believes in God. I will not apologise to anyone for building a church. We will build the house of God, and if the devil gets angry, let him do whatever he wants.” He further clarified that the new church is intended to replace an existing iron-sheet structure at State House, fulfilling his long-standing desire for a dedicated worship space within the presidential residence.

Despite Ruto’s claims, the petitioners challenge the legality of using public land for a private citizen’s project, even if privately funded. They argue that State House, as a national symbol, cannot be used to advance a single religious agenda without proper legal authorization. The petition warns that allowing the construction to proceed could set a dangerous precedent, potentially eroding constitutional safeguards and enabling the misuse of public resources.

Public reaction to the project has been overwhelmingly critical, with many Kenyans questioning the government’s priorities amid economic challenges, rising unemployment, and underfunded public services like healthcare and education. Social media platforms, particularly X, have been abuzz with outrage, with users like @sholard_mancity highlighting the dire state of schools, such as Uwasi Primary, where students learn in mud-walled classrooms, while the government pursues what they call a “misplaced” project. Constitutional lawyer Kibe Mungai has also weighed in, arguing that the church’s construction violates Article 8 and undermines the president’s constitutional duty under Article 131(1)(e) to uphold national unity.

The petition also draws parallels to other recent legal challenges against Ruto’s administration, including a case that led to the suspension of his Multi-Agency Team on War Against Corruption on August 20, 2025, due to its unconstitutional establishment. The civil society groups assert that the church project similarly lacks legal grounding and must be halted to prevent irreparable harm to Kenya’s constitutional framework.

Prominent figures have voiced strong opposition to the project. Mumias East MP Peter Salasya emphasized Kenya’s secular status, stating, “Mr. President, Kenya is a secular republic. You are not just the leader of Christians. You are also the president of Muslims, Hindus, traditionalists, atheists, and every other belief system in this country.” Lawyer Ndegwa Njiru, who threatened separate legal action in July 2025, argued that if a church is built, equivalent structures for other faiths, such as mosques, Hindu temples, and African traditional shrines, must also be constructed to reflect Kenya’s religious diversity. People’s Liberation Party leader Martha Karua called the project “completely out of order,” questioning the use of public space for personal initiatives.

The petitioners are seeking not only to stop the construction but also to compel the government to provide full disclosure of the project’s funding, planning, and approval processes. They argue that without immediate court intervention, the presidency could tamper with evidence or complete the construction, rendering the petition moot. The case is set to be a significant test of Kenya’s commitment to its secular principles and the rule of law, with the outcome likely to influence public trust in the government’s adherence to constitutional values.

As the legal battle unfolds, the controversy continues to fuel debates about governance, accountability, and the separation of church and state in Kenya. The High Court’s decision will be closely watched, as it could set a precedent for how public resources and spaces are used in the future.